BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 558|
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THIRD READING
Bill No: SB 558
Author: Baca (D)
Amended: 5/18/99
Vote: 21
SENATE PUBLIC EMP. & RET. COMMITTEE : 3-0, 5/10/99
AYES: Ortiz, Baca, Karnette
NOT VOTING: Haynes, Lewis
SUBJECT : County employee retirement benefits
SOURCE : Los Angeles County Professional Peace Officers
Association
DIGEST : This bill provides that counties operating
retirement systems under the County Employees Retirement
Law of 1937 shall grant a service connected disability
retirement (provided for job-related injuries) when a
safety member, firefighter, or certain "active law
enforcement" employees develop cancer, as specified.
ANALYSIS : Existing County Employees Retirement Law of
1937 ('37 Act) provides:
Existing '37 Act "Service Connected" vs. "Non-Service
Connected" Disability Benefits Under the '37 Act
1.That there is no distinction between safety and
non-safety members' benefits when they become disabled
(i.e., safety and non-safety disability retirement
benefits ARE THE SAME).
CONTINUED
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2.Different benefits to disabled employees, depending on
whether or not the injury is determined to be job-related
or "service connected."
3.Service connected disability benefits are 50% of final
compensation (regardless of years of service), with 100%
of that amount provided to the spousal survivor.
4.Non-service connected disability benefits are up to 1/3
of final compensation (based on years of service), with
60% of that amount provided to the spousal survivor.
Existing '37 Act Law Provides that "Heart Trouble" is
Presumed to be Service Connected for Disability Retirement
Purposes
Existing '37 Act law, provides that "?a safety member, a
firearm member, or a member in active law enforcement who
has completed five years of service?" who develops heart
trouble shall receive a service connected disability
retirement benefit.
Existing '37 Act law does not provide a service connected
disability benefit to county employees who develop cancer.
This bill provides that, in the 20 counties that operate a
retirement system under the '37 Act, a safety member, a
firefighter or a member in active law enforcement with five
years of service who develops cancer:
1.Shall be granted a service connected disability, if they
are exposed to a known carcinogen (as described).
2.That the cancer "presumption" is for determining service
connected disability is disputable and may be
controverted by certain described evidence.
3.That the cancer "presumption" shall be extended to a
member following termination for a period of three months
per year of county service (up to a maximum of 60
months).
4.That "member in active law enforcement" is described as
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"?a member engaged in active law enforcement who is not
classified as a safety member."
Comments
The Public Employees Retirement Law does not contain either
a "heart presumption" or a "cancer presumption," but relies
upon the decision of the Worker's Compensation Appeals
Board (WCAB) decision as to whether or not an injury is
job-related. Based upon the WCAB job-relatedness ruling,
injured PERS "safety" members are eligible for either an
"industrial disability" or a "normal disability."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/17/99)
Los Angeles County Personnel Peace Officers Association
(source)
Los Angeles County Probation Officers Union
Association for Los Angeles Deputy Sheriffs
Los Angeles Police Protective League
Southern California Alliance of Law Enforcement (SCALE)
Sacramento County Deputy Sheriffs' Association
Long Beach Police Officers Association
California Coalition of Law Enforcement Associations
California Professional Firefighters
OPPOSITION : (Verified 5/17/99)
California State Association of Counties
ARGUMENTS IN SUPPORT : Proponents contend that this bill
prescribes a similar presumption in the case of the
development of cancer. While some might argue that this is
problematic, there is research that shows that stress to
the body plus the presence of carcinogens in the work place
does relate in the development of and can result in various
cancers. Proponents believe that public safety officers
and firefighters are exposed to both factors in their work
environment. No one can deny the dangerous exposure to a
multiplicity of hazardous physical factors is on the job
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with every peace officer and firefighter.
ARGUMENTS IN OPPOSITION : According to the California
State Association of Counties, the County Employees
Retirement Law of 1937 provides that the development of
heart trouble by specified safety members shall be presumed
to arise out of and in the course of employment.
CSAC believes that this bill prescribes a similar
presumption in the case of the development of cancer.
CSAC states that their experience that a presumption of
causation creates a burden of proof that is extremely
difficult to achieve. It will impose upon employers costs
for disability retirements, each one of which may cost
hundreds of thousands of dollars, which are of doubtful job
causation.
TSM:cm 5/19/99 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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